Chinese Legal Reforms

Lu Xu, PhD (2008), University of Strathclyde, is Senior Lecturer in Property Law at Lancaster University. He has published several articles on Chinese law and legal reforms covering different areas from land registration, the emerging case law system to environmental litigation.

• PrefaceList of Figures and TablesLawsRegulations and other Policy DocumentsCases1 Introduction: A Decade of Transformation of Chinese Law1 Socialist Rule of Law with Chinese Characteristics2 Difficulty in Understanding Chinese Legal Reforms3 The Rationale and Approach in This Book4 Chapter Overview2 The National People’s Congress and the Constitution1 Overview of People’s Congresses2 Terminology of Chinese Legislation3 The Evolving Attitude towards the Constitution and Legislation4 Understanding the National People’s Congress5 The Communist Party and the 2018 Constitutional Amendments6 Understanding the Legislature and the Constitution in the Chinese Context3 The Court on the Rise1 Overview of the Court Structure2 Reforms in Local Courts3 Reforms by the Supreme People’s Court4 Criticisms, Constraints, and Concerns of the Reforms4 The Emerging Case Law System1 Pre-reform Context and Terminology2 Components of the Current Adaptation to a System of Case Law3 Critical Analysis of the Emerging Case Law System4 Implications of the System of Case Law5 Judiciary under Pressure1 Judicial Independence, Judicial Competence and Adjudication Committees2 Quota Judge Reforms3 Mobility of Judges and Reforms for Appointment of Judges to Higher Courts4 Competition, Workload, Prestige and Status of the Judiciary5 The Power Balance of the Chinese Court and Judges6 The Expanding Procuratorate1 Overview of the People’s Procuratorate2 Changing Nature of Procuratorial Work3 Four Major Categories of Procuratorial Work4 Aspects of the Expanding Procuratorate5 The Evolving Roles of the Procuratorate7 Local Government and Administrative Law1 Administrative Reconsideration2 Administrative Litigation3 Analysing Chinese Administrative Law and Government8 Lawyers and Legal Education1 Overview of the Growing Legal Profession2 Interpreting Choices and Effects of Lawyer Representation3 Litigation Costs4 Restrictions of the Profession5 Legal Education9 Conclusion: Understanding Chinese Law in the Contemporary World1 A Decade of Transformation of Chinese Law2 Analysing Policies and Reforms3 Disappointment in Chinese Legal Reforms4 Understanding Chinese Law and Legal Reforms in the Contemporary World5 Final ThoughtsBibliographyBibliography of Chinese books and articlesIndex